"K" Visa to get married Yes or No ? (green card, marriage)
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Hello,
my name is Julia. I moved over from Germany to USA 6 weeks ago with my son.
Me (german) and my boyfriend (american) would like to get married.
We applied already for the "K" Visa a couple of months ago like our lawyer told us to do.
But still after months nothing happend. No reply or anything. At the moment we are in the Staates with a 90 days "Visitor Visa".
A few days ago we contacted another lawyer. He told us we dont need a "K" Visa to get married, because Im from Europe. It would take just some paperwork.
So, which lawyer is right ? Do we need a "K" Visa or not ?
This is the way the "K" worked some years ago:
The "K" visa is a fiancee visa that one gets overseas sponsored by the person's future American spouse. When the person with the "K" visa arrives in the USA they get a temporary work permit until they change their status to married with the immigration authorities.
So I doubt you need a "K" visa to get married in the USA if you are already here on a tourist visa. Perhaps it would take less time to get a work permit, etc. if you were on "K" visa.
BTW, I know people from Germany that came to the USA on tourist visas just to get married in the USA (as a destination wedding) and then returned home to Germany.
Hello,
my name is Julia. I moved over from Germany to USA 6 weeks ago with my son.
Me (german) and my boyfriend (american) would like to get married.
We applied already for the "K" Visa a couple of months ago like our lawyer told us to do.
But still after months nothing happend. No reply or anything. At the moment we are in the Staates with a 90 days "Visitor Visa".
A few days ago we contacted another lawyer. He told us we dont need a "K" Visa to get married, because Im from Europe. It would take just some paperwork.
So, which lawyer is right ? Do we need a "K" Visa or not ?
Greetings and Thank you in anticipation!
I'd forget about both lawyers. This site will give you a step, by step guide for how to do it yourself.
Warning: The process is very long and complicated, it is very expensive, and if you mess it up, you will not get in. So take your time and do it right. You are looking at maybe $5,000 - $10,000 in costs, one to two years of work, and being unemployed for a good part of that time.
Last edited by KaaBoom; 07-13-2010 at 03:24 PM..
Reason: Grammer.
This is the way the "K" worked some years ago:
The "K" visa is a fiancee visa that one gets overseas sponsored by the person's future American spouse. When the person with the "K" visa arrives in the USA they get a temporary work permit until they change their status to married with the immigration authorities.
So I doubt you need a "K" visa to get married in the USA if you are already here on a tourist visa. Perhaps it would take less time to get a work permit, etc. if you were on "K" visa.
I believe that is not entirely correct. First I'm pretty sure there is no temporary work permit for a K Visa. You can only work when you finish the process and become a permanent resident. At least thats the way it was for people I've known. I'm also pretty sure that you can not just change the status of Tourist Visa to a Fiance Visa, or Spousal Visa.
But I do agree that she probably does not need a K Visa just to get married here. So long as she did not lie about her intention when she entered the US. Example: Coming on a Tourist Visa with the intention of getting married here. Because that would be immigration fraud and would most likely disqualify her.
OR you could just read the "sticky notes" at the top of this forum which has links to the OFFICIAL US immigration site for better information.
If you came in on a tourist visa and just decided to get married then you can apply to adjust your status based on your marriage but it's not an "easy" path to a greencard status. If, however you came on a tourist visa with the INTENTION of getting married and staying, then yes that is immigration fraud.
Best to read the USCIS website and see where you stand.
I believe that is not entirely correct. First I'm pretty sure there is no temporary work permit for a K Visa. You can only work when you finish the process and become a permanent resident. At least thats the way it was for people I've known. I'm also pretty sure that you can not just change the status of Tourist Visa to a Fiance Visa, or Spousal Visa.
But I do agree that she probably does not need a K Visa just to get married here. So long as she did not lie about her intention when she entered the US. Example: Coming on a Tourist Visa with the intention of getting married here. Because that would be immigration fraud and would most likely disqualify her.
I know someone personally that came here on a K visa several years ago and was issued a temporary work permit for 90 days (which same amount of time the K visa was for) at the airport upon arrival in the USA. I don't know if now a person entering the USA would get a temporary work or not as the laws/system may have changed.
I do agree with you that one probably can't change their status from a tourist visa to any other type of visa without the person returning to their home country to do so.
do agree with you that one probably can't change their status from a tourist visa to any other type of visa without the person returning to their home country to do so.
Warning: The process is very long and complicated, it is very expensive, and if you mess it up, you will not get in. So take your time and do it right. You are looking at maybe $5,000 - $10,000 in costs, one to two years of work, and being unemployed for a good part of that time.
My wife and I did the K-1 route. It cost a total of about 1800.00. That was in 2005. I did use a lawyer David Reemy which cost an additional 1200.00. I have no regrets using Reemy he made it easy as far as the paper work went. It took about 5 months for all the approvals etc to go through.
Once here we had to apply for a temperary permanent green card. Good for 2 years. I believe that cost 500.00.
After getting the temp green card we applied for a ssn for my wife. That took 2 months.
Then my wife found a job and is still working.
Adjusting status calling it spontaneous with a pending K filing?
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